T.C. Supreme Court 2. Department of law E. 2015/7575, K. 2015/23897, T. 14.12.2015
* The child whose custody is given to the mother must declare that she does not wish to discuss with her father (the child’s intellectual and moral development and high benefit should be taken into consideration when establishing a personal relationship with the Child)/Expert Report of defect situations of the parties by the court the opinion of the common child who is in the age of)

* Understanding child custody opinion (in the hearing and by the court-appointed experts that the child declares that he does not want to discuss with his father/Court parties ‘ expert report of defect situations and considering the High benefit of the Child, personal relationship with the plaintiff father should not be established at this stage)

* Establishing a personal relationship with the child (hearing and hearing by experts appointed by the court where the child is at the age of understanding and declares that he does not want to meet with the father/defect situations by the court expert report the opinion of the common child who is at the age of understanding and considering the High benefit of the child,)

* Injunction alimony (Divorce / Separation – The Court has to re-take temporary measures for the maintenance and protection of children, especially for the housing of spouses, the management of goods, the provision of goods, which are necessary during the continuation of the case/the parties shall be entitled to an appropriate amount of injunction alimony for the benefit of the defendant)

Abstract: 1-when establishing a personal relationship with children, besides the satisfaction of maternal and paternity feelings, the child’s body, intellectual and moral development and high benefit should be taken into consideration. You can always be asked in changing years. The court should not establish a personal relationship with the plaintiff father at this stage, taking into account the defect situations of the parties, the expert report, the opinion of the common child who is in the age of understanding and the high benefit of the child. 2.when divorce or separation proceedings are filed, the judge shall take the necessary temporary measures, especially for the housing of the spouses, the livelihood, the management of the property ( and the care and protection of the children) by himself during the continuation of the case.Considering the economic and social conditions of the parties, the appropriate amount of alimony for the benefit of the defendant woman should be ruled valid from the date of the case.

Case: at the end of the judgment of the case between the parties, the verdict given by the Local Court, the date and number shown above, by the defendant woman, the determination of the defect in terms of personal relationship, alimony and compensation appealed; the appeal review was asked to be held as a trial; the defendant and the opposing party attorney who appealed on the 14.12.2015 After listening to the speech of the arrivals, it was appropriate to review the work and leave it until after the hearing to decide. Today, all the papers in the file have been read and discussed and considered.:

Decision: 1-although the articles in the file, the evidence on which the decision is based and the legal reasons and especially on the complaint of the defendant woman, in the case that leads to the trial of the plaintiff man, the defendant woman’s constitutional right to be used as a fault against him is not appropriate to be considered; the defendant woman who

2-the Joint child, whose custody is given to the mother, was born in 2004 and is of cognitive age. He was listened to during the trial and by court-appointed experts and declared that he did not want to meet with his father. When establishing a personal relationship with children, the satisfaction of maternal and paternity feelings, as well as the child’s body, intellectual and moral development and high benefit should be taken into consideration. You can always be asked in changing years. While the court should not establish a personal relationship with the plaintiff father at this stage (TMK.md.324) based on the defect situations of the parties, the expert report, the opinion of the common child who is in the age of understanding, and the high benefit of the child, it is necessary to break the provision in writing.

3-when divorce or separation proceedings are filed, the judge shall ensure that during the continuation of the case, the necessary, especially for the housing of spouses (TMK md.186/1), subsistence (TMK md.185/3), to the management of goods (TMK md. 223, 242, 244, 262, 263, 264, 267, 215) and the care and protection of children (TMK md.185/2) he / she has to take the temporary measures on his / her own (re) (TMK md.169). Then; the Turkish Civil Code 185/3. and 186/3. in accordance with the provisions of the articles, The Economic and social conditions of the parties should also be taken into consideration and the appropriate amount of alimony for the benefit of the defendant woman should be decided, effective from the date of the case, the decision in written form was found to be against the procedure and the law.

Result: 2 above the appealed provision. and 3. the reasons shown in Paragraphs 1 above the other parts of the subject of Appeal, which are outside the scope of corruption. it was unanimously decided on 14.12.2015 to be upheld for the reason shown in the paragraph, to return the application fee to the depositor in case of request, within 15 days of the notification of this decision, the way of Correction of the decision is clear.